Changes to H-1B Lottery Process

In the Fall, Department of Homeland Security (DHS) proposed a Merit-Based Rule for More Effective and Efficient H-1B Visa Program, which would require petitioners seeking to file H-1B petitions subject to the regular cap, including those eligible for the advanced degree exemption, to first electronically register with USCIS during a designated registration period. The proposed rule would also reverse the order by which USCIS selects H-1B petitions under the H-1B cap and the advanced degree exemption, changing the process so that the 65,000 "Regular cap" lottery is run first, followed by the 20,000 "Master's cap" lottery.

DHS posted on January 30, 2019 for public inspection, a final rule amending regulations governing H-1B cap-subject petitions, including those that may be eligible for the advanced degree exemption.

• The final rule reverses the order by which U.S. Citizenship and Immigration Services (USCIS) selects H-1B petitions under the H-1B regular cap and the advanced degree exemption. The rule will go into effect on April 1, 2019 for the fiscal year (FY) 2020 cap season.

• The rule also introduces the electronic registration requirement for petitioners seeking to file H-1B cap-subject petitions. However, USCIS will be suspending the electronic registration requirement for this cap season to complete user testing and ensure the system and process are fully functional.

• Once implemented, the electronic registration requirement will require petitioners seeking to file H-1B cap petitions, including those that may be eligible for the advanced degree exemption, to first electronically register with USCIS during a designated registration period. Only those whose registrations are selected will be eligible to file an H-1B cap-subject petition.

USCIS will begin accepting H-1B cap petitions for FY 2020 on April 1, 2019. Please feel free to contact the attorneys of Iandoli, Desai & Cronin with your questions this year’s H-1B lottery process.